Before the abolition of the Provinces in 1876, care
of neglected and criminal children was the responsibility of the Provincial Governments. A
Neglected & Criminal Children's Act 1867, based on English Legislation was
passed empowering Provincial Governments to establish Industrial & Reform Schools
for children under 15 years of age. Neglected and delinquent children were to be kept
separate. Provided that a child spent at least half the period of committal in Industrial
School, he could be boarded out with foster parents, friends or placed in employment.

Caversham Industrial School was opened by
the Otago Provincial Government in 1869 and Burnham by the Canterbury Provincial
Government in 1874. Kohimarama Naval Training School was opened by the Colonial
Government in 1874 and became an Industrial School in 1881.

The Justice Department took over the administration
of Industrial Schools on the abolition of the Provinces but it was, in due course,
transferred to the newly formed Education Department in 1880.

A school for the deaf was opened in Sumner in 1881, and the Howe St.
Industrial School, Auckland was taken over by the Government in the same year.

An Adoption of Children Act was passed in 1881, providing for adoption of
children under 12 years. The Industrial Schools Act 1882 provided for Government
schools, local schools and private institutions which were approved by the Government but
privately financed.

Under the Act, courts would commit neglected
children under 15 years brought before them by the police. Parents could also bring
uncontrollable children to the courts. Alternatively they could arrange privately for a
child's admission while retaining guardianship. Managers of Industrial Schools were legal
guardians of children committed until they reached 21 years of age. Provision was made for
suitable children to be boarded out with foster-parents. Official visitors were appointed
to inspect schools, and managers and police supervised children boarded out. The practice
of boarding out fell of during the 1890's as prosperity increased and fewer children were
committed. Under an Act of 1885 orphanages were placed under the Health Department.

The Children's Protection Act 1890 was passed to prevent cruelty and
exploitation of children. Penalties were laid down for the parents of neglected or
ill-treated children, and restrictions were placed on child employment. Power was given to
courts to remove children from offenders custody and place them with a relative or other
fit person. Three years later the Infant Life Protection Act was passed after a
scandal involving "Baby Farming". It was designed to protect children
under 2 years who were adopted or maintained apart from their parents. Foster homes were
registered and regularly inspected by the police. The Industrial Schools Amendment Act
1895 extended authority to make board payments to cover children up to 14 years old.
The above legislation was administered for by the Special and Industrial Schools
Branch of the Education Department.